Defendant claiming Rochester court is 'racist' wants trial moved

Friday

Dec 7, 2012 at 3:15 AMDec 7, 2012 at 5:31 AM

By Samantha Allensallen@fosters.com

ROCHESTER — A man facing numerous charges for two incidents, one where he allegedly struck a police officer and a hospital worker in the face and another where he yelled at the school superintendent and others, is motioning for a change of venue for his court trials, claiming the Rochester court system is discriminating against him because of his race.

Kris Kimber, 47, of 83 Crown Point Road, appeared before Rochester Circuit Court Thursday afternoon to face sentencing for a November trial, in which he was found guilty of crimes stemming from an incident at the School Department in the Rochester Community Center.

On June 12, Kimber yelled in proximity of Superintendent Michael Hopkins's face at his office, according to court documents. That same day, Kimber allegedly yelled in Spaulding High School Principal Rob Seaward's face and “disturbed” employees at the public facility. The criminal trespass charge was brought because Kimber remained at the office despite being told to leave, according to the official complaint against him.

Kimber was charged with criminal trespass and three counts of disorderly conduct for the School Department incident, all misdemeanor level charges.

The tension was palpable before the proceedings started, with Kimber sitting on the other side of the room from the witnesses to the School Department incident. Before the judge entered the room, a bailiff told the large group, “Everybody is supposed to be on their best behavior today. We don't know what's going to happen.”

Rochester Police Detective Steve Gahan moved to remove one of the counts of disorderly conduct briefly before Kimber claimed his trial in the early weeks of November was unjust. In a dramatic fashion, he demanded Judge Daniel Cappiello consider his request for “change of venue.”

“I definitely know I'm not going to get a fair trial on this charge,” Kimber told the judge. “ … I'm not going to get a fair trail from you. I know I'm not. I want a change of venue in another court in another town. This is the most racist town I have ever been in. I've lived here for 50 years. My mother was here 50 years before me … And my daughter is still going through racial discrimination ... And these schools, they haven't done anything about this. These charges should have never been brought up. They should have never been brought up.”

Cappiello insisted the proceedings were not racist and Kimber shot back, “It is. It is. I can prove it.” Cappiello said he would consider his request and quickly moved to continue the hearing.

Kimber thanked the judge and then stormed out of the courtroom yelling “racist” several times loudly.

A few staff members from the Rochester School District were present for Thursday's sentencing hearing, including Hopkins and Seaward, along with several Rochester police officials.

Following the school incident almost two weeks later in June, Kimber was arrested for allegedly striking a police officer and a staff member of Frisbie Memorial Hospital in the face, in a room where his 12-year-old stepson had just died. Kimber reportedly punched a hospital security guard after bursting into his stepson's hospital room. He was screaming, according to reports, before he punched the officer.

According to a Rochester court clerk, Kimber was found guilty for the charges stemming from that incident, for two counts of simple assault, one count of criminal contempt, resisting arrest and one count of disorderly conduct. He was found not guilty for a charge of criminal threatening.

Following Thursday's hearing, Kimber sat trembling and crying, telling his wife, Amy Kimber, he couldn't “fight” anymore and that he was inclined to become violent. He said the two had just learned that day their son's cause of death was related to his nocturnal epilepsy and he asphyxiated in his sleep.

Kimber said he wishes to bring suit against the schools for allowing ongoing bullying of his children, and claimed the district has not reported those incidents to him. He said he initially confronted Hopkins and Seaward regarding one of his children's emotional and physical welfare in school.

Kimber also said he believes he has been singled out for his race and denied his rights to a fair trial.

“I can't fight this fight no more,” he said. “… (But) I'll be damned if I'm not going to protect my (family).”

According to Gahan, Kimber has another court appearance scheduled for Jan. 14 at 1 p.m. in Rochester Circuit Court. A new date has yet to be set for Kimber's sentencing hearing.